M'sian officials including ministers risk arrest in Europe over Scorpene

Defence Minister Ahmad Zahid Hamidi may face the fate of being arrested in Europe, much like former Chilean president Augusto Pinochet, should he refuse to attend the French inquiry on the Scorpene submarines purchase.

"If in the French court proceedings the evidence is overwhelming against the Malaysian officials, charges may be instituted against the prime minister or defence minister," a leading Malaysian lawyer said.

Just like the Spanish government, a member of the European Union, had requested Britain to arrest Pinochet (left), the French government may seek the cooperation of its EU partners to arrest the alleged Malaysian officials should they set foot anywhere in Europe.

The late Pinochet, 82, was arrested in October 1998 at the London Bridge hospital on a warrant - an Interpol Red Notice - which alleged that between 1973 and 1983 he had committed atrocities against Spanish citizens.

By the time of Pinochet's death in December 2006, he was implicated in over 300 criminal charges, mostly human rights violations.

On Thursday, the Paris Tribunal Grande Instance accepted Suaram's list of potential witnesses for its case against French-owned defence giant DCNS for allegedly paying illegal commissions to top Malaysian officials in the sale of two Scorpene submarines.

Among the witnesses Suaram has listed are Prime Minister Najib Razak and Ahmad Zahid.

The questions Malaysians are asking is whether the French courts have the authority to summon Malaysian officials and demand that they appear in the court proceedings held in Paris.

Najib, too, could be arrested

According to a legal counsel, Najib could also be arrested in Europe should he refused to testify in the French court.

Pinochet was detained for six days when the British courts wrestled with the issue as to whether legal immunity could be given to national leaders.

It was the first time that several European judges applied the principle of universal jurisdiction, declaring themselves competent to judge crimes committed by former heads of state despite local amnesty laws.

After being tried in British courts, they allowed the extradition of Pinochet to be prosecuted in Chile on the grounds of ill-health.

"Further, the United Kingdom being a member of the European community together with France, will respect laws relating to all the member countries of the European Union," said another international lawyer.

"Most European countries will follow the legal precedent set in Pinochet's case and therefore Najib, Zahid (right) or any other Malaysian officials summoned will have to respect and take the French courts proceedings seriously and cannot brush aside any summon to appear in court,"

Suaram filed the court case in 2010 against DCNS for allegedly paying illegal commissions to top Malaysian officials in the sale of two Scorpene class submarines to the Malaysian government in 2002.

Suaram director Kua Kia Soong, secretariat member Cynthia Gabriel and lawyer Fadiah Nadwa Fikri spoke before French investigative judge Roger Le Loire in a three-hour session in Paris on Thursday.